Can I arbitrate a current dispute when there is no contractual arbitration clause?
A. Yes, arbitration of a current dispute may be accomplished by having all parties to the dispute sign an Agreement to Arbitrate. GAMA has a sample form “Agreement to Arbitrate”, GAMA Form #103, available in GAMA’s Form Bank. To see this sample form, click here. Please note that here are statute of limitations that may prohibit you from filing for arbitration on a claim after the passage of a certain amount of time, just like they would prohibit filing a lawsuit. It is recommended that you consult an attorney in your jurisdiction when you first have knowledge that you may have a claim requiring resolution or when you first receive a demand for arbitration so that you may properly respond.